How to Get Permanent Residency in USA

By Nita Nicole Upadhye

Table of Contents

Having a green card, also known as a permanent resident card, will allow you to live and work permanently in the USA. A green card is proof that its holder, a lawful permanent resident, has been officially granted immigration benefits, including permission to reside and take employment in the United States. However, the steps that you will need to take to obtain lawful permanent residence can vary greatly depending on your individual circumstances.

 

How to get permanent residency in the US

 

Securing permanent residency in the USA is the dream for millions, but getting a green card is rarely straightforward. Fundamentally, becoming a US permanent resident is about proving you belong under US immigration law. There are many different potential pathways, but the eligibility criteria are extremely strict, applications are stringently vetted and the process can often take years.

For some, the path is relatively simple — a spouse of a US citizen or a highly skilled worker sponsored by an employer may have clear options. For others, it involves waiting lists, paperwork and immigration quotas that can stretch for years. Added to this are many common risks faced by Green Card applicants – missing deadlines, filing the wrong forms or staying on an expired visa – all can potentially derail your entire case and render you ineligible.

 

What is a Green Card?

 

A US green card, officially known as a Permanent Resident Card, grants foreign nationals the legal right to live and work permanently in the United States. It serves as proof of lawful permanent resident (LPR) status and is a key step toward US citizenship for those who choose to naturalize.

Green cards can be obtained through family sponsorship, employment, refugee or asylum status, the Diversity Visa Lottery, or special immigrant programs. Immediate relatives of US citizens, such as spouses, parents, and children under 21, typically have the fastest processing times. Employment-based green cards are granted to skilled workers, investors and individuals with extraordinary abilities in various fields.

Holders of a green card have many rights, including the ability to work for any employer, own property and access social benefits. However, they must also meet certain responsibilities, such as paying taxes and maintaining residency in the US. Extended trips outside the US or criminal offenses could put their status at risk.

A green card is typically valid for 10 years and must be renewed before expiration. Those who meet eligibility requirements can apply for US citizenship after five years, or three years if married to a US citizen.

 

Family-based green card

 

You will be eligible to apply for permanent residence where you are the immediate relative of a US citizen, assuming, of course, that the relative in question is prepared to file a petition on your behalf to sponsor you, and you satisfy the other eligibility criteria.

“Immediate relative” includes a spouse, an unmarried child under the age of 21, or a parent where the US citizen is aged over 21.

Other family members of US citizens may also be eligible, as well as relatives of lawful permanent residents. These are based on the following five immigrant family-based preference categories:

 

  • First preference (F1) – unmarried sons and daughters, 21 years of age and older, of US citizens
  • Second preference (F2A) – spouses and children, unmarried and under 21 years of age, of lawful permanent residents
  • Second preference (F2B) – unmarried sons and daughters, 21 years of age and older, of lawful permanent residents
  • Third preference (F3) – married sons and daughters of US citizens, and
  • Fourth preference (F4) – brothers and sisters of US citizens, if the US citizen is 21 years of age and older.

 

Unfortunately, however, most extended family members such as grandparents, aunts and uncles, and cousins, do not qualify for a family-sponsored green card.

 

Employment-based green card

 

Within the employment-based green card category there are multiple subcategories of workers that may be eligible to apply for permanent residence.

The main categories are as follows:

 

  • EB-1 first preference immigrant workers – for priority workers such as those with an extraordinary ability in the sciences, arts, education, business or athletics, demonstrated through sustained national or international acclaim; or an outstanding professor or researcher; or a multinational manager or executive who meets certain criteria.
  • EB-2 second preference immigrant workers – for members of a profession that requires an advanced degree; or have exceptional ability in the sciences, arts or business; or are seeking a national interest waiver (NIW). Under an NIW application, the applicant would seek a waiver of labor certification by establishing that admission to permanent residence in the United States will be in the national interest.
  • EB-3 third preference immigrant workers – for skilled workers for jobs requiring a minimum of 2 years training or work experience; or workers performing unskilled labor requiring less than 2 years training or experience; or a professional whose job requires at least a US bachelor’s degree or foreign equivalent, and is a member of the profession.
  • EB-4 fourth preference immigrant workers – for special workers, including religious workers, broadcasters, armed forces members, and international employees of the US government overseas.
  • EB-5 fifth preference immigrants – for immigrant investors able to invest at least $1 million, or $500,000 in a high unemployment or rural area, in a new commercial enterprise in the United States that will create full-time positions for at least 10 qualifying employees.

 

 

Refugee or Asylum Green Card (Permanent Residency for Protected Individuals)

 

Individuals granted refugee or asylum status in the US may apply for a green card after one year of continuous residence. Refugees receive this status before arriving in the US, while asylees apply from within the country. To qualify for a refugee or asylum-based green card, applicants must still meet eligibility requirements, including demonstrating they have not abandoned their protection status or engaged in activities that make them ineligible for permanent residency. Unlike other green cards, there are no filing fees for refugees applying for adjustment of status. Asylees must file Form I-485 and provide proof of continued eligibility. Permanent residence offers greater security, allowing access to work authorization, social benefits, and a path to US citizenship after five years. However, applicants should avoid returning to their home country unless necessary, as it may raise concerns about their original claim for protection.

 

Diversity Visa Lottery Green Card (DV Program)

 

The Diversity Visa (DV) Lottery grants 50,000 green cards annually to individuals from countries with historically low US immigration rates. Applicants must meet education or work experience requirements, have a valid passport, and submit their application through the official US government website. The lottery is free to enter, but being selected does not guarantee a green card—it only allows winners to apply for permanent residence through consular processing or adjustment of status if already in the US. The selection process is random, and winners must pass background checks, interviews, and medical exams. Family members (spouses and children under 21) can also apply for green cards through the winner’s case. While the DV Lottery is a unique pathway to US residency, the demand is high, and only a fraction of applicants ultimately receive a green card. Those selected must act quickly, as visas must be issued before the program year ends.

 

Special Immigrant Green Card Programs

 

Certain individuals may qualify for a green card under special immigrant categories, which are reserved for specific groups facing unique circumstances. These include religious workers, employees of international organizations, US military members, and victims of crime or abuse. Special immigrant visas (SIVs) are granted to Afghan and Iraqi nationals who worked for the US government, while the Violence Against Women Act (VAWA) allows abused spouses, children, and parents of US citizens or permanent residents to self-petition for a green card. Other programs cover retired NATO employees, juveniles under US court protection, and certain broadcasters or international employees. While eligibility criteria vary, most applicants must have proof of their qualifying status, complete Form I-360, and undergo standard background and security screenings. Special immigrant green cards are typically exempt from visa backlogs in certain categories, offering a faster and more direct path to permanent residence than other visa types.

 

Green card eligibility

 

The eligibility criteria for a green card will not only vary depending on the immigrant category you are applying under, but whether you are inside or outside the USA.

If you are currently in the United States you will need to file what’s known as an “Adjustment of Status” application. In other words, you will need to adjust status from your existing status without leaving the country, under a temporary visa or otherwise, to that of a lawful permanent resident.

Depending on how you entered the United States, or if you have committed a particular act or violation of immigration law, you may be barred from adjusting status. Generally speaking, to be eligible to apply for an adjustment of status you must satisfy the following criteria:

 

  • You were lawfully admitted into the United States
  • Your existing visa status remains valid
  • You have not committed any crimes that make you ineligible for a visa
  • You have not violated the conditions of your admission.

 

Read more about Green Card eligibility here >

 

How to apply for a green card

 

Typically, when applying for a green card, you will need to complete at least two forms: an immigrant petition and a green card application.

The petition will need to be filed on your behalf by a US sponsor, usually a relative or employer, although in some cases, as with the EB-5 immigrant investor, you may be eligible to file for yourself.

Here are some examples of the most common petition forms that are submitted to US Citizenship and Immigration Services (USCIS):

 

  • Form I-130, Petition for Alien Relative
  • Form I-140, Immigrant Petition for Alien Worker
  • Form I-526, Immigrant Petition by Alien Investor.

 

Assuming USCIS approve your petition, generally speaking, you will either be required to go through consular processing abroad, using Form DS-260, Application for Immigrant Visa and Alien Registration, or adjustment of status from within the United States, using Form I-485, Application to Register Permanent Residence or Adjust Status.

The steps you must take to apply for a green card will vary depending on your individual situation, however, in most cases you will need to attend a biometrics appointment to provide a scan of your fingerprints, your signature and a digital photograph of your face. You will also be required to attend an interview to answer questions on your application and eligibility for permanent residence.

 

Green card processing times

 

Although immigrant visas are always available for immediate relatives of US citizens, under US immigration laws, foreign nationals in the visa preference categories face annual limits on available visas.

The law essentially sets a limit on the total number of immigrant visa numbers that are assigned in each preference category every year, as well as the number that can be given out to nationals from a particular country.

Some categories are faster than others in that they have no delay in available visa numbers, either due to low numbers of people who are eligible or who choose to apply, while other categories might have wait times of several years.

A report known as the Visa Bulletin is released monthly by the US Department of State, and contains the most up-to-date information on the current availability of immigrant visa numbers. In this way you can check when best to apply, and whether visas are still available, or if there is a backlog for applicants from your particular country.

 

Need assistance?

 

NNU Immigration’s specialist US attorneys providing socialist guidance to US Green Card applicants, with specific expertise in advising investors, entrepreneurs, business owners, senior executives, high profile personalities and high net worth individuals.

If you have a specific question or require support with your route to getting US permanent residency, please get in touch contact us.

 

How to get permanent residence in the US FAQs

 

What is permanent residence in the US?

Permanent residence in the US, also known as a green card, allows foreign nationals to live and work in the country indefinitely while enjoying many of the same rights as US citizens, except for voting in federal elections.

 

What are the main ways to get a green card?

The most common ways to obtain permanent residence in the US include family sponsorship, employment-based visas, the Diversity Visa Lottery, refugee or asylum status, and special programs for certain immigrant groups.

 

Can I get a green card through marriage?

If you are married to a US citizen or lawful permanent resident, you may apply for a marriage-based green card. If you are married to a US citizen, you can apply for adjustment of status while in the US or through consular processing if you are abroad.

 

How do employment-based green cards work?

Employment-based green cards are available for workers in different categories, including skilled professionals, investors, and individuals with extraordinary ability. Most require a job offer from a US employer who sponsors the applicant.

 

What is the Diversity Visa Lottery?

The Diversity Visa Lottery, also known as the Green Card Lottery, is a program that randomly selects applicants from countries with low immigration rates to the US. Winners can apply for a green card if they meet the program’s education or work experience requirements.

 

Can I get a green card as a refugee or asylee?

Refugees and asylees who have been in the US for at least one year after being granted asylum or refugee status can apply for a green card. They must meet eligibility requirements and continue to qualify for protection in the US.

 

How long does it take to get a green card?

Processing times vary depending on the green card category, country of origin, and USCIS workload. Some green cards, like those for immediate relatives of US citizens, may take less than a year, while others, such as employment-based or family preference categories, can take several years.

 

Can I lose my green card after getting permanent residence?

Permanent residents can lose their green card if they commit certain crimes, fail to comply with US laws, abandon their residency by staying outside the US for extended periods, or engage in immigration fraud.

 

Can I travel outside the US with a green card?

Green card holders can travel outside the US, but extended trips of more than six months may raise questions about residency. Those planning to stay abroad for more than a year should apply for a reentry permit to avoid losing their status.

 

Can permanent residents apply for US citizenship?

Most green card holders can apply for US citizenship after five years of continuous residence. Spouses of US citizens can apply after three years if they meet all eligibility requirements.

 

 

Glossary

 

 

Term Definition
Permanent Resident (Green Card Holder) A foreign national who has been granted the right to live and work in the US indefinitely.
Green Card A document that grants lawful permanent residence in the US and serves as proof of status.
USCIS (US Citizenship and Immigration Services) The government agency responsible for processing immigration applications, including green cards and naturalization.
Adjustment of Status The process of applying for a green card while already present in the US without needing to leave the country.
Consular Processing The procedure for applying for a green card through a US embassy or consulate outside the US.
Family-Based Green Card A green card obtained through sponsorship by a US citizen or permanent resident relative.
Employment-Based Green Card A green card obtained through a US employer’s sponsorship, typically for skilled workers, investors, or individuals with extraordinary ability.
Diversity Visa Lottery A program that grants green cards to individuals from countries with low immigration rates to the US through a random selection process.
Refugee or Asylee Status A designation given to individuals fleeing persecution who may apply for a green card after one year in the US.
Conditional Green Card A two-year green card issued to spouses of US citizens married for less than two years at the time of approval, requiring an application to remove conditions.
Reentry Permit A travel document that allows permanent residents to remain outside the US for up to two years without abandoning their status.
Public Charge Rule A policy that assesses whether an applicant is likely to become financially dependent on US government assistance when applying for a green card.
Removal of Conditions The process of filing Form I-751 to obtain a permanent green card after holding a conditional green card for two years.
Visa Bulletin A monthly publication by the US Department of State that indicates visa availability for family and employment-based green card applicants.
Form I-485 The application used to register permanent residence or adjust status within the US.
Form I-130 The petition filed by a US citizen or permanent resident to establish a qualifying family relationship for green card sponsorship.
Form I-140 The petition used by US employers to sponsor foreign workers for employment-based green cards.
Naturalization The process by which a permanent resident applies to become a US citizen after meeting residency and eligibility requirements.
Good Moral Character A requirement for naturalization applicants, meaning they have followed US laws and do not have a serious criminal history.
Abandonment of Residency The loss of permanent resident status due to prolonged absence from the US without proper documentation or evidence of maintaining ties.
Removal Proceedings</

 
 
 

Author

Founder & Principal Attorney Nita Nicole Upadhye is a recognized leader in the field of US business immigration law, (The Legal 500, Chambers & Partners, Who's Who Legal and AILA) and an experienced and trusted advisor to large multinational corporates through to SMEs. She provides strategic immigration advice and specialist application support to corporations and professionals, entrepreneurs, investors, artists, actors and athletes from across the globe to meet their US-bound talent mobility needs.

Nita is an active public speaker, thought leader, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals.

This article does not constitute direct legal advice and is for informational purposes only.

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